First Substitute H.B. 210

Representative Curtis Oda proposes the following substitute bill:

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ANIMAL CRUELTY AMENDMENTS

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2011 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Curtis Oda

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Senate Sponsor:
David P. Hinkins

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LONG TITLE
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General Description:
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This bill amends provisions of the Utah Criminal Code relating to animal cruelty and
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animal torture.
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Highlighted Provisions:
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This bill:
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. defines terms;
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. removes "pests" from the definition of an animal if the pests are exterminated or
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controlled in accordance with recognized pest extermination or control practices;
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. adds as an element of the crime of animal cruelty that the conduct of the actor
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towards the animal was not reasonable and necessary to protect the actor or another
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person from injury or death or to protect certain property from damage or loss;
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. provides that the provisions of this bill do not affect or prohibit the humane
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shooting of an animal in an unincorporated area of a county if the person doing the
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shooting has a reasonable belief that the animal is a feral animal; and
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. makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:

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None
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Utah Code Sections Affected:
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AMENDS:
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76-9-301, as last amended by Laws of Utah 2008, Chapter 292
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-9-301
is amended to read:
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76-9-301. Cruelty to animals.
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(1) As used in this section:
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(a) (i) "Abandon" means to intentionally deposit, leave, or drop off any live animal:
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(A) without providing for the care of that animal, in accordance with accepted animal
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husbandry practices or customary farming practices; or
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(B) in a situation where conditions present an immediate, direct, and serious threat to
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the life, safety, or health of the animal.
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(ii) "Abandon" does not include returning wildlife to its natural habitat.
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(b) (i) "Animal" means, except as provided in Subsection (1)(b)(ii), a live, nonhuman
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vertebrate creature.
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(ii) "Animal" does not include:
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(A) a live, nonhuman vertebrate creature, if:
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(I) the conduct toward the creature, and the care provided to the creature, is in
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accordance with accepted animal husbandry practices; and
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(II) the creature is:
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(Aa) owned or kept by a zoological park that is accredited by, or a member of, the
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American Zoo and Aquarium Association;
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(Bb) kept, owned, or used for the purpose of training hunting dogs or raptors; or
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(Cc) temporarily in the state as part of a circus or traveling exhibitor licensed by the
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United States Department of Agriculture under 7 U.S.C. 2133;
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(B) a live, nonhuman vertebrate creature that is owned, kept, or used for rodeo
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purposes, if the conduct toward the creature, and the care provided to the creature, is in
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accordance with accepted rodeo practices;
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(C) livestock, if the conduct toward the creature, and the care provided to the creature,

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conditions; and
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(iii) other essential care.
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[(h)] (i) "Torture" means intentionally or knowingly causing or inflicting extreme
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physical pain to an animal in an especially heinous, atrocious, cruel, or exceptionally depraved
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manner.
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(2) Except as provided in Subsection (4) or (6), a person is guilty of cruelty to an
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animal if:
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(a) the person, without legal privilege to do so, intentionally, knowingly, recklessly, or
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with criminal negligence:
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[(a)] (i) fails to provide necessary food, water, care, or shelter for an animal in the
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person's custody;
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[(b)] (ii) abandons an animal in the person's custody;
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[(c)] (iii) injures an animal;
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[(d)] (iv) causes any animal, not including a dog, to fight with another animal of like
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kind for amusement or gain; or
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[(e)] (v) causes any animal, including a dog, to fight with a different kind of animal or
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creature for amusement or gain[.]; and
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(b) the person's conduct is not reasonable and necessary to protect:
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(i) the actor or another person from injury or death; or
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(ii) property from damage or loss if the property is:
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(A) an animal; or
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(B) other property that is $50 or more in value.
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(3) Except as provided in Section
76-9-301.7
, a violation of Subsection (2) is:
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(a) a class B misdemeanor if committed intentionally or knowingly; and
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(b) a class C misdemeanor if committed recklessly or with criminal negligence.
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(4) A person is guilty of aggravated cruelty to an animal if the person:
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(a) tortures an animal;
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(b) administers, or causes to be administered, poison or a poisonous substance to an
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animal; or
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(c) kills an animal or causes an animal to be killed without having a legal privilege to
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do so.

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(5) Except as provided in Subsection (6) or Section
76-9-301.7
, a violation of
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Subsection (4) is:
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(a) a class A misdemeanor if committed intentionally or knowingly;
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(b) a class B misdemeanor if committed recklessly; and
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(c) a class C misdemeanor if committed with criminal negligence.
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(6) A person is guilty of a third degree felony if the person intentionally or knowingly
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tortures a companion animal.
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(7) It is a defense to prosecution under this section that the conduct of the actor towards
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the animal was:
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(a) by a licensed veterinarian using accepted veterinary practice;
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(b) directly related to bona fide experimentation for scientific research, provided that if
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the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless
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directly necessary to the veterinary purpose or scientific research involved;
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(c) permitted under Section
18-1-3
;
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(d) by a person who humanely destroys any animal found suffering past recovery for
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any useful purpose; or
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(e) by a person who humanely destroys any apparently abandoned animal found on the
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person's property.
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(8) For purposes of Subsection (7)(d), before destroying the suffering animal, the
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person who is not the owner of the animal shall obtain:
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(a) the judgment of a veterinarian of the animal's nonrecoverable condition;
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(b) the judgment of two other persons called by the person to view the unrecoverable
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condition of the animal in the person's presence;
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(c) the consent from the owner of the animal to the destruction of the animal; or
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(d) a reasonable conclusion that the animal's suffering is beyond recovery, through the
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person's own observation, if the person is in a location or circumstance where the person is
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unable to contact another person.
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(9) This section does not affect or prohibit:
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(a) the training, instruction, and grooming of animals, if the methods used are in
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accordance with accepted animal husbandry practices or customary farming practices;
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(b) the use of an electronic locating or training collar by the owner of an animal for the

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purpose of lawful animal training, lawful hunting practices, or protecting against loss of that
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animal; or
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(c) the lawful hunting of, fishing for, or trapping of, wildlife[.]; or
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(d) the humane shooting of an animal in an unincorporated area of a county if the
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person doing the shooting has a reasonable belief that the animal is a feral animal.
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(10) County and municipal governments may not prohibit the use of an electronic
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locating or training collar.
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(11) Upon conviction under this section, the court may in its discretion, in addition to
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other penalties:
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(a) order the defendant to be evaluated to determine the need for psychiatric or
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psychological counseling, to receive counseling as the court determines to be appropriate, and
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to pay the costs of the evaluation and counseling;
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(b) require the defendant to forfeit any rights the defendant has to the animal subjected
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to a violation of this section and to repay the reasonable costs incurred by any person or agency
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in caring for each animal subjected to violation of this section;
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(c) order the defendant to no longer possess or retain custody of any animal, as
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specified by the court, during the period of the defendant's probation or parole or other period
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as designated by the court; and
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(d) order the animal to be placed for the purpose of adoption or care in the custody of a
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county and municipal animal control agency, an animal welfare agency registered with the
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state, sold at public auction, or humanely destroyed.
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(12) This section does not prohibit the use of animals in lawful training.
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(13) A veterinarian who, acting in good faith, reports a violation of this section to law
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enforcement may not be held civilly liable for making the report.